Archived
Does a driver have a duty of care on the road which is legally binding for a lawsuit of malice or negligence thereafter?
David's answer
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Answered on November 11, 2015
Was anyone hurt? That's the most important part of any negligence claim, damages. If nobody is hurt then there's no reason to look at the other...
Archived
Are Orders on motions, instantly actionable or do prevailing parties have to first file & serve a Notice of Entry.
David's answer
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Answered on November 10, 2015
Generally, you have to enter the order and serve notice of entry before you can do anything. For example, if the Order needs to be made into a...
Archived
I live in CA being sued by plaintiffs in NY, in a NY civil case, is that even possible?
David's answer
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Answered on November 10, 2015
What are they claiming? Were you served with a summons and complaint with an index number on it? Have you ever been to NY or entered into a...
Archived
Is my employer unlawfully detaining me?
David's answer
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Answered on November 10, 2015
File a complaint with the department of labor.
Archived
Motion to Dismiss, Failure to State a Claim
David's answer
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Answered on November 09, 2015
There's not enough facts to answer this. We don't even know what the claim is.
Archived
Breat test refusal warning
David's answer
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Answered on November 09, 2015
You took the test, it doesn't matter if she warned you or not.
Archived
NYS Can a person convicted of a class C felony 28 years ago, no trouble since, be allowed to own a hunting rifle/gun?
David's answer
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Answered on November 05, 2015
He has to file a "Certificate of Relief from Disabilities" to have his firearm rights restore. If he does not then he does not have firearm rights...
Archived
Can I held the mailman responsible and sue him (250000 dollars)for my missing mail?
David's answer
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Answered on November 05, 2015
Probably not. You would need proof it is the USPS' wrongdoing and proof of value. Just saying it's important isn't enough and 250k is a very large...
Archived
How long a NY landlord could not return deposit?
David's answer
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Answered on November 04, 2015
Depending on where you moved from, as I believe certain parts of NYC have different rules, generally it's 30 days.
Archived
Notice of breach of contract receipt
David's answer
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Answered on November 04, 2015
There is a presumption that if the letter was mailed, then it was received. It is incredibly hard to rebut. You can try and impeach his credibility...
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